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Infolawyer
Infolawyer, Attorney
Category: Estate Law
Satisfied Customers: 56074
Experience:  Licensed attorney helping individuals and businesses.
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I am not sure what I can do..My brother passed away late last

Customer Question

I am not sure what I can do..My brother passed away late last year..The executor is my nephew...He had me sign a waiver without providing me with a copy of the will..I am sure that he influenced my brother is writing the WILL...My nephew was the one who drafted this Will and he is also the EXECUTOR......a few months after my brother passed, my second brother passed away inheriting a home...The executor now named himself as Administrator to my second brothers estate...I was told that the judge signed the Will but a hearing is scheduled in a few months..Can I still contest the Will now that I have seen it and I believe my brother was influenced in writing it?
Submitted: 2 years ago.
Category: Estate Law
Customer: replied 2 years ago.
I am not sure what I can do..My brother passed away late last year..The executor is my nephew...He had me sign a waiver without providing me with a copy of the will..I am sure that he influenced my brother is writing the WILL...My nephew was the one who drafted this Will and he is also the EXECUTOR......a few months after my brother passed, my second brother passed away inheriting a home...The executor now named himself as Administrator to my second brothers estate...I was told that the judge signed the Will but a hearing is scheduled in a few months..Can I still contest the Will now that I have seen it and I believe my brother was influenced in writing it?
Expert:  Phillips Esq. replied 2 years ago.
Hello: This is PhillipsEsq. I am a licensed Attorney and I will be assisting you today.
If you have already signed a waiver, then you may not contest the Will unless you can show that the waiver was obtained by fraud. However, if you did not sign the waiver at all to being with, then you can contest the Will. If you are contesting the Will, it would be prudent to retain a local Attorney who handles probate litigation to assist you. Otherwise, you can use the following link to find self-help resources:
http://www.nycourts.gov/COURTS/nyc/surrogates/faqs.shtml#q1
You can use the following sites to find local probate litigation Attorneys:
http://www.lawyers.com
http://www.justia.com
Customer: replied 2 years ago.
My signed waiver has been removed by the court... My question is , if the judge signed the will, at what point can i contest?..the links below I have already seen..what happens once i contest?.. I believe this nephew has intimadated all my siblings in there 80's
Expert:  Infolawyer replied 2 years ago.
Hello and thank you for the question. I am sorry to read of this dilemma.
different expert here. are you asking if you can contest a will in this situation?
Customer: replied 2 years ago.
I believe i can contest as the Executor has not been named yet.. A hearing or reading is scheduled in a few months.. What happens at that point?.. Is it too late to contest?.. As i mentioned, my brother who was 85 at the time this will was drafted would not have excluded me... My nephew drafted this will and put himself as executor..
Expert:  Infolawyer replied 2 years ago.
That is a great time to appear and raise objections as well as appear and apply to be appointed yourself. The court will not want to appoint someone who may self deal, not qualified, and to whom there are objections. The court could appoint a neutral in lieu of selecting a relative or applicant to avoid all issues. A will can be challenged on ground of fraud, duress, lack of mental capacity or improper execution.

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